Vick lawyers reportedly trying for plea deal

Michael Vick and his attorneys were still reportedly negotiating with federal prosecutors Thursday, hoping to strike a deal on a plea agreement, according to a lawyer familiar with the case.

The Atlanta Falcons star quarterback, a Newport News native, pleaded not guilty to dogfighting conspiracy charges last month. But since then, one of his co-defendants has changed his plea to guilty and agreed to testify against Vick, and two others are scheduled to do likewise today.

Prosecutors, meantime, have said they will seek a superseding indictment this month. Legal experts say the growing parade of prosecution witnesses and the prospect of additional charges increases the pressure on Vick to negotiate a deal.

It's highly unlikely prosecutors would offer Vick a specific reduced sentence in exchange for a guilty plea, according to Steven Benjamin, a prominent Richmond defense attorney. He said federal rules permit such agreements, subject to the judge's approval, but they simply are not used in the Richmond federal court.

"If we were to see that in this case, it would be extraordinary," he said.

Instead, prosecutors sometimes offer concessions that would result in a lower range under federal sentencing guidelines, Benjamin said. For example, prosecutors could pledge not to take the position that Vick was a leader of the dogfighting ring.

"If the judge accepted that finding, it would have the effect of reducing his sentencing guideline range," Benjamin said.

A number of other factors are considered in determining that range, including the defendant's sincerity in accepting responsibility and the extent of his cooperation with the government in ongoing investigations, Benjamin said.

Rough calculations based on what is known in Vick's case indicate that a guideline range of eight to 12 months "would not be unrealistic," said Benjamin's law partner, Betty Layne Desportes.

The charges - conspiracy to travel in interstate commerce in aid of unlawful activities and conspiring to sponsor a dog in an animal fighting venture - carry a maximum prison term of five years and a $250,000 fine.

Tony Taylor of Hampton pleaded guilty to those charges last month and will be sentenced Dec. 14.